So it is reasonable to think that about 7 or 8 people on any randomly selected 12 person jury disagree with laws criminalizing marijuana.

And those people have the power to deliver a not guilty verdict, based on their belief that marijuana laws are unjust.

This is one example of how jury nullification can be used to erase or nullify, bad laws.

The Power of Juries

In the United States, all accused criminals have the right to be tried by a jury of their peers.

Adults from the area where an alleged crime was committed are chosen to hear the court case. They have to weigh the evidence. And if they have any reasonable doubt that the accused committed the crime, they are supposed to deliver a not guilty verdict.

But not everyone knows that juries can also deliver a not guilty verdict when they disagree with the law.

So say all the evidence clearly shows that, for example, a veteran was growing marijuana to treat Post Traumatic Stress Disorder.

As a juror, you do NOT have to deliver a guilty verdict, even if you are 100% sure he committed the “crime.” Instead, you can disagree that it should be criminal at all, and say not guilty.

Some states, like New Hampshire and Oregon, have tried to pass laws requiring courts to inform juries of their right to nullify.

New Hampshire’s bill would require courts to inform juries that even if the facts point clearly to guilt, “you may still find that based upon the facts of this case a guilty verdict will yield an unjust result, and you may find the defendant not guilty.”

Of course, prosecutors will do everything possible to give the impression that the jury must decide the case based on the facts, and a strict reading of the law.

Prosecutors told the jury that they had to decide the case strictly on the federal law. The jurors were instructed that if they believed the evidence showed that the man violated the law, they must deliver a guilty verdict.

Prosecutors even told the jurors that if they truly thought the man was guilty, they could be prosecuted for delivering a not guilty verdict.

This was a lie, plain and simple. Jurors cannot be prosecuted for delivering a not guilty verdict under any circumstances.

The 1969 Supreme Court case United States v. Moylan also held that juries have an “undisputed power” to acquit, even if that verdict “is contrary to the law as given by the judge, and contrary to the evidence.”

Because of this “mistake” on the part of prosecutors, the man will get a new trial on federal drug charges.

But that doesn’t mean the jury will necessarily know that they have the power to nullify the bad laws he is being prosecuted under.

Fighting Corruption and Trumped Up Charges

Thomas Jefferson gave another good reason to use jury nullification.

He said juries should deliver a not guilty verdict if the defendant’s case “relates to any point of public liberty, or if it be one of those in which the judges may be suspected of bias.”

In other words, if the defendant was simply exercising a basic freedom that didn’t hurt anyone, he should be found not guilty. It doesn’t matter if he broke the law, freedom is more important.

And then he adds, if you suspect a biased judge, you should also rule not guilty.

If the judge, prosecution, and arresting officers are a little too chummy… might want to give jury nullification some extra thought.

Is the accused being convicted just on the testimony of the cops, an expert witness, or a lab em ployee?

And unfortunately, police have been known to plant drugs on suspects and frame them for a crime.

People are sometimes put behind bars based solely on the testimony of police.

And consider the history of racism in the justice system dating back to when slavery was legal in the south.

Even then, northern juries used jury nullification for laws relating to slavery. For instance, the Fugitive Slave Act compelled northerners to help return runaway slaves to the south. Juries could use nullification to declare northerners who violated this act not guilty.

There are countless instances in today’s courts where jury nullification would be appropriate. It just depends on the specific facts and circumstances of each case.

It would be great to get bad laws repealed. But until then, juries have the power to:

1. Prevent the prosecution of victimless crimes:

Victimless crimes are violations of the law that don’t actually hurt anyone. If you can’t point to a victim, it means no one was actually hurt by the criminal actions.

That is why possession of drugs is a victimless crime–having drugs in your pocket doesn’t actually victimize anyone. The same goes for laws criminalizing sex acts between consenting adults, code violations, or failing to get a business license.

2. Prevent corruption in the justice system:

It is better to let guilty people walk free than to send an innocent person to prison.

If the evidence rests solely on inherently fallible witnesses, or if there is any reason to believe the witnesses, prosecution, or court is corrupt, you should consider jury nullification.

Jury nullification needs to go mainstream.

Every juror walking into a courtroom should know that they have the power to deliver a not guilty verdict if they disagree with the law that was violated, or suspect corruption from the police, prosecutors, or judges.

That’s why we need to spread the word far and wide.

Tell everyone you know, especially when they get called for jury duty.

Tweets

Recent Photos

St. Jude Children’s Research Hospital

Freedom

"Freedom" like life is fragile and delicate and can be ended without warning or fanfare or gradually like the sands of time.
Frank Neudecker

Kitty’s Place Very Comfortable 4 Blocks from Beach, 2 Blocks from Bay

Kitty's Place
Would you like to visit someplace nice... maybe just the two of you. Kitty's home is 5 years old, beautifully furnished, very family oriented. To Kitty your stay is important in that they strive to provide you with everything you need for your vacation or time away to relax.
Furnished with amenities for you to enjoy your vacation and fun in the sun. Very hospitable atmosphere, great beach, amusement parks only miles away, and shopping at a great Outlet Mall only minutes away. Newly installed above ground pool. Minutes to the famous Ft. Morgan. Great sunsets, beautiful waters, white sandy beaches. Very relaxing, very enjoyable.
Kitty's home is dog friendly and has it's own pool.
Email her at kittystuart65@gmail.com
You will love it.

What we stand For

There is one constant pledge that we live by and it is that our American Government is founded on the concept of the individuality and the dignity of the human being.
Underlying this concept is the belief that the human person is important because he was created by God and endowed by Him with certain unalienable rights which no civil authority may usurp.
The inclusion of God in our pledge or our money or in our courts and buildings further acknowledge the dependence of our people and our Government upon the moral directions of the Creator, our Father, the Lord God Almighty.
This is the principal of government and reporting that we stand by....

FAIR USE NOTICE:

This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U. S. C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www. law. cornell. edu/uscode/17/107. shtml“